From: John Bambacus

Sent: Wednesday, January 20, 2010 5:42 PM

To: Edwards, George Senator
Cc: oag@oag.state.d.us; John Griffin; Beitzel, Wendell Delegate; Kelly, Kevin Delegate;
Myers, LeRoy Delegate; Brandon Butler; Miller, Thomas V. "Mike" Senator; Middleton,
Thomas Senator; Astle, John Senator; Martin O\'Malley; Monty Pagenhardt; Mike Getty-
County
Subject: Request for Signed AG Opinion on DNR and PSC Responsibilities

Dear Senator Edwards:

It is respectfully requested that you seek a signed Attorney General's Opinion on the
responsibilities of the DNR and PSC as it relates to state endangered species. The recent
decision of U.S. District Court Judge Roger W. Titus raised a number of issues that may
have significant ramifications for Maryland and the 1st Legislative District which you
represent.

Secretary Griffin's response to my December 16, 2009 letter clearly indicates that the
DNR does not plan to undertake preemptive legal action which would prevent harm to
State-listed species (e.g. Mourning Warbler, etc.). The Secretary did indicate he may
decide to pursue a prosecution of Synergics for violating the State's Nongame and
EndangeredSpecies Act, he also indicated that such an action likely would ocur only after
the company has undertaken construction of or after it has built the wind turbine facility.

I strongly doubt that DNR has or intends to pursue these options given the Governor's
recent announcement that state agencies will have to purchase through a contractual
arrangement with Synergics much of the electricity generated by the facility. This
ignores the fact that governmental funding of Synergics wind facility would constitutes a
gross violation of the Nongame and Endangered Species Conservation Act due to the
indisputable harm the project will cause to endangered species.

Additionally, there are questions about whether or not Secretary Griffin has advised his
counterpart in MDE that the Act requires MDE to take "...any action necessary to insure
that actions authorized, funded, or carried out by them do not jeopardize the continued
existence of the endangered species or threatened species or result in the destruction or
modificationof habitat of the species which is deemed by the [DNR] Secretary to be
critical." For example, has DNR specifically requested that MDE and Garrett County
government not issue any construction permits needed by Synergics to build their wind
plant such as for stream crossings sedimentation control, and if MDE already has issued
any permits needed by Synergics whether or not DNR has asked MDE or the County to
revoke them. The question remains whether or not DNR plans to take action immediately
to protect our State's endangered species. Time is of the essence.

Sincerely,
John